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Iran Releases Five American Prisoners; Alleged Al Qaeda Attackers Siege Hotel in West Africa; E-Mail Surfaces That May Derail Case against Bill Cosby. Aired 1-2p ET

Aired January 16, 2016 - 13:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[13:00:00] WOLF BLITZER, CNN ANCHOR: Iran has just freed an additional American prisoner, five individuals. Now five men will soon fly home to the United States to be reunited with their families.

The prisoners include the "Washington Post" journalist, Jason Rezaian, the Christian pastor, Saeed Abedini. Also being released, the U.S. Marine veteran, Amir Hekmati and Nosratollah Khosravi. We don't know anything about this person, his name only being released today for the first time. In addition to those four, Matthew Trevithick, a student who was recently detained in Iran, has been released as well. Matthew's release not necessarily part of the broader prisoner swap.

In exchange seven Iranians being held in the United States, six of them dual U.S.-Iranian citizens, they are being given clemency. They will no longer be in prison. In addition, 14 Iranians sought by the United States, they will no longer be sought by the United States through Interpol as well.

All of this seen as what the Iranians described as a goodwill gesture. It gives the U.S. a list -- they gave the U.S. a list of Iranians they wanted released. The U.S. rejected, by the way, anyone -- releasing anyone accused of violence or direct terrorism, as part of this prisoner swap.

Let's bring in our global affairs correspondent, Elise Labott.

Elise, what more are we learning about this fifth American, that's the latest development?

ELISE LABOTT, CNN FOREIGN AFFAIRS REPORTER: Well, two Americans we didn't know about, Wolf. This Nosratollah Khosravi, who was detained in the last year, and also this Matthew Trevithick, who a young student we didn't know anything about this person. This student, not part of those larger conversations that took place really over the last 14 months between U.S. and Iranian officials.

That was about the four Americans in exchange for seven Iranian nationals. But we understand from U.S. officials that the Iranians agreed to add Matthew Trevithick in the last minute and he will be flying home with those five Americans, Wolf. We understand they haven't left Iran yet, but they should be shortly.

BLITZER: The deal is a pretty complicated deal, and it comes, Elise, on the same day that the Iran nuclear deal is formally being implemented. The U.S. and international sanctions will be lifted. Iran, according to the international nuclear watchdog, the International Atomic Energy Agency, they've complied to what they're supposed to do. So fairly soon, billions of dollars will start flowing into Iran, right?

LABOTT: That's right. We're waiting momentarily for the International Atomic Energy Agency, who has certified that Iran has met its obligations under this nuclear deal, for the so-called minute of implementation to start. That would mean that all of that money would go to Iran.

And what U.S. officials have said, they've hailed what happened today as a result of this nuclear agreement, Wolf. You know, these discussions took place on the sidelines of those nuclear talks. U.S. official always bringing up in separate sessions of those nuclear talks with their Iranian counterparts the fate of these Americans. And those discussions really intensified after April, after that nuclear deal was reached.

And we understand Secretary of State John Kerry, to his Iranian foreign minister counterpart, Javad Zarif, he said to him, listen, let's get rid of this further irritant. We have an opportunity now to improve relations, to work on all of the security issues around the world together. But let's get rid of the case of these Americans. The Iranians in turn floated a very -- a much larger list of Iranian nationals.

U.S. officials say they whittled that down to people that were not charged with any violent or terrorist crimes, and they arrived at these seven individuals, Wolf. But U.S. officials really saying that the goodwill and, you know, kind of confidence and trust -- I use that, you know, kind of in quotes, but the goodwill that was created and the thaw in relations as a result of that nuclear deal paved the way for this historic agreement today.

And we saw earlier this week, Wolf, you had 10 U.S. sailors that inadvertently drifted into Iranian waters. They were released, what passes in Iran for really record time. U.S. officials tell me there was a real desire on both sides not to let that issue of the sailors complicate the release of these Americans and the release of those Iranians and so Secretary Kerry, Foreign Minister Zarif, an intense flurry of diplomacy to get that sailor issue resolved very quickly, so that they could finish up this deal on the prisoner exchange -- Wolf.

BLITZER: Elise Labott, reporting for us. Elise, thank you very much.

Our senior international correspondent, Fred Pleitgen, has spent a lot of time in Iran in recent months and years.

It looks like the hardliners may be losing right now in Iran and the more moderate elements, Fred, they seem to be moving up a bit.

[13:05:06] The President Rouhani seen as more moderate. The Iranian Revolutionary Guard Corps, for example, the Foreign Minister Javad Zarif much more moderate on so many of these issues. And they seem to have the support of the Ayatollah Khomeini, which is critical. FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, they

certainly seem to have the support of the Ayatollah Khomeini in this particular issue, Wolf, but it is really an interesting dynamic that we're seeing unfold there.

One of the interesting things was that during the nuclear negotiations, Ayatollah Khomeini really on the sidelines for a very long time, saying that yes, he supported those who were negotiating the nuclear deal, but at the same time, he didn't really think that it was going to come to anything because, of course, his main core of supporters are these hardliners, but at the same time, he sees as well that the majority of the Iranian population are behind Hassan Rouhani and his government, which is much more moderate, wanting that nuclear agreement, and also wanting better relations with nations around the world, including the United States.

And it seems as though on this issue, Hassan Rouhani's government, Javad Zarif, the foreign minister, have managed to sway the hardliners to latch on to this deal because we have to keep in mind that it's not only the Revolutionary Guard that's pretty hardlined, it's not only a lot of the clergy that's hardlined, it's also a large part of the judiciary, especially the part of the judiciary that deals with things like espionage cases.

If you look at the trial of Jason Rezaian, it was in a secretive court. It's one that's known for handing down very harsh sentences. And for them to then come out and say, we're going to be a part of this. We're going to allow our government to negotiate this prisoner swap that's going on, that certainly does indicate that at this point in time, it is the moderates who appear to be at least winning out on some of these issues.

And if you look at some of the tweets that came from Javad Zarif today, him saying, you know, it's diplomacy that has won out and diplomacy is a better alternative than anything else, that seems to be the mood at this point in time among the majority of those in Tehran, calling the shots. But really, very remarkable, the events that we've seen today. The fact that the sailors were released that quickly.

It's interesting, Wolf. Because I was actually speaking to the head of the Iranian Armed Forces, the land forces, recently, and he said, look. Simply the fact that we had these negotiations about the nuclear program. The fact that Iran and America sat down at a table and managed to come to terms on some very difficult issues, that alone needed trust. And it's the first time that something like that has needed that kind of trust between these two sides in a very long time. They believe that that's very significant, as well.

BLITZER: Very significant, indeed. Fred Pleitgen spent a lot of time in Iran as I point out.

Stand by for a moment. I want to bring in our international diplomatic editor, Nic Robertson. He's joining us from Vienna, where world powers are getting ready to formally implement this Iran nuclear deal.

Has the foreign minister of Iran, Javad Zarif, has he arrived yet, based on what you know, Nic?

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: Wolf, so far he hasn't arrived here at the IAEA headquarters. We do understand from pool reporters traveling with Secretary Kerry that Zarif and Secretary Kerry wrapped up about an hour-long meeting 20 minutes ago.

Now from where that was located in downtown Vienna here, it would be about half an hour for the Iranian foreign minister to arrive at this location. And we've just seen security personnel working for the U.N. at the IAEA headquarters here, just do a walk-through of the route that the dignitaries will take when they arrive here. Of course, we don't have confirmation of precisely who will be arriving here, but it does seem to be getting closer at this moment -- Wolf.

BLITZER: And we also know that the secretary of state, John Kerry, he's going to be showing up at some point. Do they formally sit down around a table to sign some sort of document, some sort of international agreement? We know they did that several months ago when they announced the nuclear deal, but as far as implementation, is there some sort of diplomatic protocol we should anticipate?

ROBERTSON: What we anticipate here from the IAEA is the director general, Dr. Yukiya Amano, he issues a statement, a text of compliance. Now this is confidential to Secretary Kerry, to the others of the P5-plus 1 nations that helped negotiate with Iran. It's confidential to them. It goes to them. And it will be up to Secretary Kerry and the others, the EU foreign policy chief, Federica Mogherini, to make public any of the details inside that report from the IAEA.

The IAEA will simply, if you will, taking a portion of that agreement, making sure, inspecting that Iran had complied with it. It issues a statement on that compliance, so the details are unlikely at this stage to come from the IAEA.

[13:10:05] We may hear them from Secretary Kerry, we may hear them from Foreign Minister Zarif, from the EU foreign policy chief as well, Federica Mogherini. But the simple statement that we're expecting from the IAEA could be quite short in that he will -- Dr. Yukiya Amano will likely say words to the effect of the IAEA has fulfilled its part of the mission as the P5 Plus 1 on Iran had asked them to, to inspect that Iran had complied with the reduction of enriched uranium, had complied with the dismantling of the Arak heavy water facility, of the Fordow research facility, and also diminishing significantly the number of enrichment centrifuges that Iran had.

It will be a very simple statement, we understand. It won't go into the details of how these things were done and what numbers have been achieved and at precisely what levels, that's what we were expecting. Those details will be confidential to the parties that sign this agreement -- Wolf.

BLITZER: Nic Robertson in Vienna for us, where the negotiations leading up to the implementation of this agreement took place and now the implementation is about to begin in the coming hours and the sanctions will be lifted for all practical purposes. Nic, thank you very much.

I want to bring in Nic Burns right now. He's a former U.S. undersecretary of state for political affairs and writes for the "Boston Globe" right now as well.

You tweeted just a little while ago, Nic, "Release of American prisoners in Iran, joyous news, but we shouldn't thank Iran government, they were held unjustly."

Explain your tweet, your thinking.

NIC BURNS, FORMER U.S. UNDERSECRETARY FOR POLITICAL AFFAIRS: Well, Wolf, obviously, this is positive, joyous news for the United States, that four Americans will be coming home. But they were unjustly held. There was no reason to hold them. And therefore, we are under no obligation to thank the Iranian government. Quite the contrary.

I would also say, Wolf, this is a difficult exchange, when the United States now has to pardon seven Iranians or Iranian Americans who violated our sanctions laws. Some of them presumably working on behalf of the government of Iran, a bitter pill to swallow, very difficult to pardon them.

I hope they'll be expelled from the United States. They deserve to be if they were working on behalf of a foreign power. It's a very difficult decision, I think. On balance the administration has made the right decision here.

BLITZER: Seven Iranians, six of whom are joint Iranian American citizens, they aren't being pardoned, they're receiving clemency, and they will be freed. It's unclear whether they stay here in the United States, as you point out, or whether they'll be going to Iran. In addition, 14 Iranians, the U.S. had sought for extradition through Interpol, the U.S. now removing that extradition request as part of this deal. Are you OK with that?

BURNS: Well, I think we don't know all the details yet, and a lot of us are waiting to hear from the administration, the rationale behind this. But I don't want to second-guess Secretary Kerry. I think he's done a very fine job throughout in these nuclear negotiations and these are difficult choices that any administration has to make.

We have had prisoner swaps in nearly all the wars in American history, now we've not fought a war with Iran, but we've had a 35-year period of estrangement from Iran, and this may help to bring things to an end.

But, Wolf, I think it points to a larger problem. The nuclear deal should go ahead. It's in the interests of the United States. But we see an Iranian government, not the reformist veneer of Rouhani and Zarif, but the Iranian Revolutionary Guard's supreme leader making trouble in Syria, in Yemen, in Lebanon, and firing, you know, close to American naval vessels in the Strait of Hormuz, releasing that video of American sailors, we've got to push back and contain these worse aspects of American power. So there's going to be -- of Iranian power, excuse me. There's going

to be no honeymoon between the United States and Iran because we'll go forward with a nuclear deal, but we've got to push back on the Iranians, contain them, contain the worst aspects of their behavior which is quite tendentious in the Middle East.

BLITZER: As you know, the U.S. has always said, it doesn't negotiate with terrorists. Iran, even as we speak right now, still on the State Department list of countries that formally support terrorism. Is that at all a factor here in these deals? The fact the U.S. regards Iran as a state sponsor of terrorism, and the fact the U.S. is negotiating these kinds of prisoner swaps with Iran? You speak as a former high- ranking State Department official.

BURNS: Well, it obviously added to the degree of difficulty for the administration in considering whether to go forward with this deal. It is important to note, Wolf, as you just have intimated, that while the sanctions will be lifted on Iran as part of the nuclear deal, the nuclear-related sanctions, the United States will maintain sanctions on Iran because of its human rights violations, and its support for terrorism. And I very much hope that the administration will announce sanctions today against Iran for its illegal ballistic missiles test back in November and December of 2015.

[13:15:07] So there's going to be a back and forth quality to this relationship. We'll be talking to the Iranians and that's a positive thing on balance. The nuclear deal is in the American national interest, but we need to remain tough-minded that something that Hillary Clinton has been saying in her campaign, tough-minded against the worst aspects of Iranian behavior.

BLITZER: Nic Burns, thanks very much for your expertise.

BURNS: Thank you, Wolf.

BLITZER: Coming up, much more on the breaking news. Now five Americans have been freed from Iranian prisons. Much more of our special coverage right after a quick break.

(COMMERCIAL BREAK)

BLITZER: Once again, we're following major breaking news. I'm Wolf Blitzer in Washington. We once again want to welcome our viewers in the United States and around the world.

Five Americans held prisoner in Iran are now free. Four of them part of a formal prisoner swap with the United States. One of them is not. The swap deal includes the "Washington Post" reporter Jason Rezaian, three others, Pastor Saeed Abedini, who's been held since 2012, as well as a former U.S. Marine and a fourth Iranian American national.

The State Department says the U.S. offered clemency, clemency to seven Iranians, six of whom are dual citizens, accused or convicted in the United States for sanctions violations, being held in U.S. prisons. The U.S. also dropped charges against 14 other Iranians who are unlikely ever -- who they say were unlikely ever to be extradited in the first place. The U.S. no longer is seeking Interpol intervention to get their extradition.

Brian Stelter has been working this story for us.

Brian, you've been in direct contact with your sources at the "Washington Post." First of all, what's the latest you're hearing from the "Washington Post" about Jason Rezaian?

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: The newspaper is waiting for confirmation that Rezaian's flight has left Iranian air space before it wants to say too much about its views on this. You know, they've been waiting almost 18 months for this day to come.

"The Post" is owned by Jeff Bezos, of course. It is an internationally known news organization. And this was so personal for the staffers there to know that one of their colleagues, you see him on screen here, had been -- was behind bars and was behind bars for so many weeks. In fact, even longer than the time of the Iranian hostage crisis in the late 1970s. So this was very personal for "The Post."

They were in very backchannel conversations with government officials and with others around the world trying to seek Jason's release, as were members of his family.

[13:20:07] And now we're hearing from journalism organizations that advocated for this day to come, calling for his release for many months. Reporters Without Borders, for example, releasing a statement saying that they are thrilled to see this news. However, he should have never been imprisoned in the first place. The statement goes on to say Jason was innocent and it is outrageous that he has been used as a bargaining chip.

And that's been the view for many months, Wolf. As you know, even some GOP presidential candidates started referring to people like Rezaian as a hostage, as this dragged on. The U.S. government never took that position, but certainly he was a pawn, a geopolitical pawn of sorts, as were these other men that are being freed today.

BLITZER: Anthony Bourdain -- we're showing our viewers some video, as you well know, Brian, Anthony Bourdain, he actually sat down with Jason Rezaian and his wife only a few weeks before they were both arrested. She was eventually released, although she's remained there, trying to help her husband all this time. What kind of conditions -- you've done a lot of reporting on this -- has he had to endure in that prison in Iran?

STELTER: There were certainly times that were very difficult over these 18 months for Jason Rezaian. There were times when he was in poor health, when he needed medication, for example. His family said there were times where he was kept in solitary confinement for various periods.

And what happened here, this happens in July of 2014 when he is detained, his wife, as you mentioned, was eventually freed, but he was put on trial, a secret trial, which his family was not even allowed to attend. The trial ended in August, but it wasn't until October that he was told he had been convicted. He wasn't told what his sentence was. There were reports that maybe he'd be behind bars for 20 years.

But there was this sense all along that he was this geopolitical pawn and that this could somehow be resolved down the line. And we now know, Wolf, for months there were these secret talks going on that led to his release and to the others' release. But since we don't actually know yet if they've actually been able to leave Iranian air space, I think we're seeing tempered reactions from his family, for example, and "Washington Post" owner Jeff Bezos just tweeted a question, kind of random -- not random, kind of strangely, he wrote, "Is Yegi on the plane?" Referring to Jason's wife.

Jason's wife had been staying in Iran the whole time, trying to visit Jason whenever possible. U.S. officials say that she will be able to leave the country today along with her husband.

BLITZER: Let's hope that all works out as planned. Obviously very delicate sensitive moment right now. Keep us informed what you're hearing.

Brian Stelter, thank you very much.

We're going to obviously have much more on the breaking news, the American prisoners freed from Iran, the Iranian prisoners freed here in the United States.

We're also following several other breaking stories. Fredricka Whitfield is in Atlanta, she'll have much more on that, all the day's big news right after a quick break.

(COMMERCIAL BREAK)

FREDRICKA WHITFIELD, CNN ANCHOR: Hello, everyone. I'm Fredricka Whitfield. Welcome. We'll have more news on the U.S. prisoners freed from Iran in a moment. But first, new details now are emerging in the terror attack in the capital of Burkina Faso.

An al Qaeda affiliate is now claiming responsibility for that deadly siege at a luxury hotel in Africa.

Gunmen opened fire at the Splendid Hotel last night after setting fire to a cafe across the street. At least 23 people were killed. The dead are from 18 different countries.

Let's go to CNN correspondent, Robyn Kriel, live for us now in Nairobi, Kenya.

So, Robyn, what more do we know about these attackers and the motives?

ROBYN KRIEL, CNN CORRESPONDENT: Well, at the moment, we understand there are four attackers, two of those were female, and all of them, we understand, have been killed. As you said, the death toll now at about 23. We're not entirely sure if that is going to go up. But good news for Burkina Faso rescuers, 126 people freed from the Splendid Hotel.

And because this was such a large venue takeover, Fred, because this was such a -- there were so many people in this hotel and in this very busy cafe, 8:30 p.m. on a Friday evening is when these attackers stormed the cafe. This according to hostage rescue experts is actually a very good result because they were in fact on those attackers' timeline, they did not have time to prepare. They would have to go in and as soon as they figured out that these attackers we're going to start killing people, and they will expect some casualties.

So 23, we understand, is actually much, much lower than expected in the situation. As I said, we're not entirely sure if that's going to go up. 18 different nationalities, Fred, of those who died. We can confirm that at least two of them are French citizens.

WHITFIELD: So the U.S. State Department has condemned these attacks. Do we yet know any more about any Americans who may be among the victims?

KRIEL: No. The U.S. State Department, as you said, condemning the attacks, saying, yesterday, telling U.S. citizens to stay clear of downtown Ouagadougou, the capital of Burkina Faso, where this hostage takeover began, where this is all began by al Qaeda-linked militants.

We're not sure if there were any Americans involved. We do understand that they were trying to reach out to citizens who were in that area, in Downtown Ouagadougou, last night, but they said that because of privacy, that they're not going to talk about just who was involved in that, if there were any involved at that time. So we're still waiting to find out if there any Americans were involved.

I can tell you, Fred, that there was at least one United States security services member, someone from the military outside the hotel last night, alongside a French special forces. As far as I understand, that person was only there in an advisory capacity, but he would have been, obviously, working with those assaulters who went in to rescue the hostages.

WHITFIELD: All right. Robyn Kriel, thanks so much, from Nairobi. Appreciate it.

We'll have much more from the NEWSROOM right after this.

(COMMERCIAL BREAK)

[13:30:16] WHITFIELD: Mortgage rates went down this week. Have a look.

(COMMERCIAL BREAK)

BLITZER: Welcome back to CNN's special live coverage of the breaking news. I'm Wolf Blitzer in Washington. We want to welcome our viewers in United States and around the world.

Iran has freed an additional Iranian prisoner. Five men will soon fly home to the United States to be reunited with their families. The prisoners include the "Washington Post" journalist Jason Rezaian and the Christian pastor, Saeed Abedini. Also being released, Marine veteran, Amir Hekmati, and Nosratollah Khosravi. We don't know anything about Mr. Khosravi, we're learning more about him. His name only surfacing today.

Also released separately, not part of the formal prisoner swap deal, Matthew Trevithick, a student who was recently detained in Iran. This hour, we're also learning new details about the circumstances of the release. U.S. officials say secret talks with Iran have been going on now for 14 months in exchange for four of the Americans. The United States has dropped charges, offered clemency against seven Iranians held in the United States for violating sanctions against Iran.

The U.S. has also dropped extradition requests, charges against 14 other Iranians the State Department deemed unlikely to be extradited to the United States in the first place. The Iranians wanted a goodwill gesture, gave the U.S. a list of Iranians they wanted released. The U.S. rejected anyone accused of violence or terrorism.

Joining us now is our global affairs correspondent, Elise Labott, who's been doing a lot of reporting on this.

As a result of that last demand by the United States, no one accused of terrorism or violence, per se, the individual responsible for that assassination plot against the Saudi ambassador to the United States at a restaurant here in Washington, the Saudi ambassador, Adel Jubeir, that individual, others involved in that assassination plot, they will remain in U.S. jails, right?

LABOTT: That's correct, Wolf. U.S. officials say the Iranians originally gave a much fuller list, a longer list of names, but the U.S. said they ruled out anybody that had any connection to violent crime or terrorism. And so the seven that we're hearing about today are primarily connected to violation of economic sanctions or the trade embargo.

And as you know, today, we're talking about implementation of the nuclear deal with Iran, which would mean that some of the sanctions that those individuals were arrested for will be lifted. And so that really paved the way for the U.S. to be able to say that they could release those seven individuals, but that's correct. Those people involved in that plot, one of them serving 25 years, convicted of trying to kill then-Saudi ambassador to the United States, now foreign minister, Adel al-Jubeir, will remain in prison.

BLITZER: Elise, the seven Iranians who are now being given clemency, charges that will be dropped, they'll be freed, do we know if they will stay here in the United States? If they'll go to Iran? What's part of the deal? Will the U.S. make sure they leave the United States?

[13:35:01] LABOTT: Well, we think that most of them might stay here in the United States, Wolf. These are American citizens. They also, you know, we're talking a lot about these dual nationals.

We should be quick to note that all the Americans, except for Matthew Trevithick, that are coming, were dual nationals, those here that were being released by the U.S., those Iranians, are also dual nationals. Those are American citizens, we understand, from the lawyer of at least one, that several of them will definitely be staying here in the U.S. They will not be going back to Iran. But those that want to will have that option.

BLITZER: The Iranians have released their list of those seven -- I don't think the U.S. has yet, right?

LABOTT: Not yet, but we've spoken to the lawyer of at least one who is waiting by the jail in Houston for his client to be released. And so the lawyers of these individuals have been notified that their clients will be pardoned and should be released soon. I think it will be a situation where we'll see that those Americans have left Iranian air space, and we'll see the release of those seven individuals, Wolf.

BLITZER: Thanks very much. Elise, doing some good reporting for us.

We're going to have much more on the American prisoners freed, the Iranian prisoners freed. Our breaking news coverage continues right after this.

(COMMERCIAL BREAK)

WHITFIELD: Several presidential candidates are responding to the release of five U.S. prisoners from Iran, and some Republican candidates are using the moment to, again, slam the Democratic administration.

Let's bring in CNN political reporter, MJ Lee, who was on the campaign trail in Myrtle Beach, South Carolina.

MJ, a lot is being said, very little of it very complimentary to the Obama administration, at least on the Republican side.

MJ LEE, CNN POLITICS CORRESPONDENT: That's right, Fred. The political ramifications of this breaking news out of Iran are being immediately felt on the campaign trail today. Many of the 2016 presidential candidates campaigning on the road, reacting to this news.

Now while the release of these U.S. prisoners is certainly good news and certainly fortunate news for their family members and their loved ones, many of the Republican candidates are seizing on this development to be extremely critical of the Obama administration and how it has handled the situation.

[13:40:13] Let's take a listen to what Donald Trump said earlier today, calling it, quote, "a total disgrace that these prisoners have been held for so long."

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Now I have to see what the deal is for the four people. Because somebody said, we're getting -- they're getting seven people back. So essentially, they get 150 billion plus seven and we get four. Doesn't sound too good. Doesn't sound too good. But we have to see, because I just heard about this an hour ago. But -- and I'm happy they're coming back, but I will tell you, it's a disgrace that they've been there for so long. It's a disgrace. Remember that. A total disgrace.

(END VIDEO CLIP)

LEE: Now Marco Rubio campaigning in Iowa today, was also very critical, saying that these prisoners shouldn't have even been held in Iran in the first place. Let's listen to what he said.

(BEGIN VIDEO CLIP)

SEN. MARCO RUBIO (R), PRESIDENTIAL CANDIDATE: This tells us all we need to know about the Iranian regime. That they take people hostage in order to gain concessions. And the fact that they can get away with it, with this administration, is one of the reasons I think it's created an incentive for more governments to do this around the world.

(END VIDEO CLIP)

LEE: Now, Ted Cruz, Fredricka, was another candidate who weighed in, saying that there could be some problematic aspects to this deal. Of course, like us, these candidates are also waiting to find out exactly how this deal was reached, exactly what the details are. So you can expect in the coming days, as we do find out more information, that this is an issue that is going to be politicized by the candidates on the campaign trail.

WHITFIELD: So, MJ, do you know whether any of these candidates who have been outspoken thus far, have been challenged on the nuclear deal, and how this hostage deal, prisoner release deal, I should say, was simultaneous? There were two separate meetings that were taking place simultaneous.

LEE: Look, I think the back and forth and sort of the details of how this deal came about is something that we're all waiting to get more information on, and certainly the candidates are, as well.

I want to point out that we've talked about the Republicans and how they have responded to this development. The tone that's coming from at least some of the Democrats is a little bit different, as you can imagine. Bernie Sanders saying this morning, in a statement, that this good news shows that diplomacy can work, even in volatile regions of the world. So certainly a lot of Democrats are going to be rallying behind the Obama administration, saying that maybe these talks were happening behind the scenes all along and we just are finding out now.

WHITFIELD: All right, MJ Lee, thank you so much from Myrtle Beach.

So Democratic candidate Bernie Sanders reacting to the release of the prisoners from Iran. He issued this statement. This is good news, as you just saw, showing that diplomacy can work, even in volatile region of the world.

So let's talk a little bit more about this. Political strategist Nomiki Konst and former Reagan adviser Charmaine Yoest with me now. All right, ladies, good to see both of you. So let's begin with you,

Nomiki.

CHARMAINE YOEST, FORMER REAGAN ADVISER: Good to be here. Thank you.

WHITFIELD: Let's talk about, you know, the role of today's developments with this nuclear agreement on one hand, at the same time, simultaneous, we're now learning from our own global affairs correspondent that there were meetings involving Kerry and his Iranian counterparts to win the release of these Americans in this prisoner swap. So how do you see, Nomiki, this re-shaping the dialogue on the campaign trail?

NOMIKI KONST, DEMOCRATIC STRATEGIST: Well, as we're only two weeks away from the Iowa caucus, I see the Republicans desperately trying to change their message, and make it sound like it's not a good deal, which you're already seeing today. You see Donald Trump talk about how we're giving Iran $150 billion, when it's really just about sanctions and lifting the sanctions. It's Iranian money. And after they pay back all their financial obligations, about $56 billion, which goes directly to the people. That's part of the deal.

And in return, you know, as we all know about the deal, it's -- it will reduce Iran's stockpiles of enriched uranium. It will have oversight, which is the first time in history we've ever been able to oversee their stockpile in the uranium enrichment, so it goes to power plants, so they get heat, the citizens get heat rather than producing a nuclear bomb. So you're just going to see the rhetoric amped up on the right, as they are desperate to keep their message on track, attacking Obama before the Iowa caucus.

On the Democratic side, obviously, they're going to praise the president and this was a successful deal.

WHITFIELD: And at the same time, you know, Charmaine, you know, we had our own Jim Walsh earlier, you know, mentioned that for the first time in 10 years, what this deal means is that Iran does not have enough of a vital ingredient in order to make a weapon. So, you know, the administration can tout this as a very, perhaps strong deal and on the side, you also won the release of these prisoners.

[13:45:06] But, Charmaine, how do you see, whether serving the Democrats, perhaps backfiring on the Republicans who were so critical thus far?

YOEST: Well, I think the really important thing is to -- after we focus on the fact that we are so happy for the families of these political prisoners, to emphasize the fact that they were political prisoners. That that's the context and context is everything. Americans are still reeling from the images of Iranians forcing Americans to their knees and then mocking us around the world, even this morning, reporting phrases from the Iranian commanders, who were mocking the soldiers and saying that they were weak and cowardly.

Those words are still ringing in Americans' ears. Seeing our flag desecrated. And so, you know, let's think about on the school ground, if a bully punches you in the nose and then turns around and does something that they should have done anyway, you're going to be a little bit cautious about responding.

And so the political context for this, particularly as we go into the Democratic debate tomorrow with Hillary Clinton as a former secretary of state, is what is this -- what does this mean for us moving forward? Yes, everyone's happy about innocent people coming home. But in terms of the larger, broader geopolitical questions, there are a lot that still remain.

WHITFIELD: All right. Nomiki Konst, Charmaine Yoest, thanks so much to both of you, ladies. Appreciate it.

KONST: Thank you so much, Fredricka.

YOEST: Thank you.

WHITFIELD: All right. Still ahead, the document that could be the fatal blow to a criminal case against Bill Cosby.

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WHITFIELD: CNN has exclusively learned that the only criminal sexual assault case brought against Bill Cosby may derail because of one e- mail. In it, former district attorney in Pennsylvania details an apparent deal that promises Cosby's civil deposition would not be used against him in any criminal matter.

Here's CNN anchor Michael Smerconish broke the story.

(BEGIN VIDEOTAPE)

MICHAEL SMERCONISH, CNN ANCHOR, "MICHAEL SMERCONISH": You'll recall that just a few weeks ago the famous comedian was finally hauled into court in suburban Philadelphia to face charges for sexually assaulting Temple University employee, Andrea Constand. This after at least 50 different women, you see many of their faces here, all had come forward to say, Bill Cosby had molested them.

[13:50:04] I have learned that this case, the only criminal charge that Cosby has ever faced, might soon fall apart. I have obtained a document that no other journalist has that could blow the case up. I talked about it a bit last night on "AC 360," but now new information. So let me back up and tell you the story.

Back in 2005, the then district attorney of Montgomery County Pennsylvania, Bruce Castor, was investigating Andrea Constand's case. Castor has said he wanted to prosecute Bill Cosby, but believed he did not have enough evidence to sustain criminal charges beyond a reasonable doubt. Still he thought that Constand might get justice in a civil suit, and he claims he made an unusual deal to create an atmosphere where she could get that justice.

The DA told the comedian's attorney essentially I won't prosecute your client if you promise that he'll testify fully in a civil case. Cosby's attorney allegedly agreed. It was a deal. In the deposition, Cosby admits he had sexual relationships with at least five women outside his marriage, gave prescription sedatives to women he wanted to have sex with, and tried to hide affairs from his wife.

Cosby says he gave Constand one and a half tablets of Benadryl, an over-the-counter antihistamine that can cause drowsiness to relieve stress. He said that the sex and drug taking were always consensual.

Why would Cosby testify so openly? Because allegedly, he believed it would never be used against him in a criminal court. The civil case against Cosby was settled and the deposition remained sealed for many years, but then last year, a judge decided to release a transcript of it. And the explosive charges Cosby faces now are largely based on that transcript which we now know could very well be thrown out of court when the case has a hearing on February 2nd.

In the last few days, I obtained an e-mail, this e-mail that I confirmed was written by ex DA Bruce Castor to his successor last year, three months before the charge against Cosby. Only those involved in the case have seen this e-mail until now. It's the only clear record of the deal that was made promising not to prosecute Bill Cosby.

And here's an excerpt. Castor wrote, "I can see no possibility that Cosby's deposition could be used in a state criminal case because I would have to testify as to what happened. And the deposition would be subject to suppression. I cannot believe any state court judge would allow that deposition into evidence. Knowing this, unless you can make out a case without that deposition, and without anything the deposition led you to, I think Cosby would have an action against the county and maybe even against you personally."

Bruce Castor has been subpoenaed to appear at the hearing on February 2nd, at which time I believe the case could fall apart.

(END VIDEOTAPE)

WHITFIELD: All right. Joining me right now to talk about this, victim's rights attorney Gloria Allred, she represents dozens of the accusers. So what's your reaction to Michael Smerconish's report?

GLORIA ALLRED, REPRESENTS DOZENS OF COSBY ACCUSERS: Well, I'm not concerned, Fredricka. There are a number of reasons. First of all, if Mr. Cosby's attorneys were so concerned about his not being prosecuted, then why didn't they get it in writing? Admittedly, this was if anything an oral agreement. They call it expressed. But it was not in writing. And why did the D.A. in fact not put it in writing at the time? Why did he not follow the protocol for having a written immunity agreement?

Also, why did Dolores Troiani who represents Andrea Constand in the civil case, why does she allegedly, reportedly, not know or -- and did not know anything about such an agreement?

Also, why did the D.A., Bruce Castor, Bruce Castor at the time of this alleged agreement, not in fact inform Dolores Troiani if she didn't, and why does he care about a civil case? He is a district attorney or was. A criminal case is what he's supposed to be concerned about. I've been practicing for 40 years. I've dealt with many, many DAs, and they're there to be concerned about the criminal case.

Maybe he was rationalizing his failure to prosecute by saying, well, this will help in the civil case. But that frankly is not his business at all. So no, I'm not concerned. Also, we had a -- last point, I'm sorry. He issued a press release at the time, Bruce Castor did, where he cautioned the parties, and he said that, although he was declining to prosecute, he might reconsider if the need arose. That is inconsistent with an expressed, written agreement, not to prosecute. It undermines his expected testimony.

WHITFIELD: So then two things, to follow-up with, you know, what you just said.

[13:55:03] That there is no written agreement and that it would have been a verbal agreement, you think invalidates such agreement to not move forward or use that deposition in a criminal case, and then secondly, Smerconish, you know, reported that Castor did give this instruction to the current prosecutor some three months before the criminal charge actually came down.

ALLRED: Well, I mean, I frankly think that's a bit self-serving, even if it's true. He was running to be reelected as district attorney, and it may be that he had some kind of oral agreement. But why was that not in writing, and how does he explain his press release, where he says that he could reconsider filing. And, you know, obviously he didn't reconsider, but that's inconsistent with an expressed and even a written agreement or perhaps even an oral agreement that he could still prosecute.

If it was so firm, then why is he cautioning the parties at the time that he could still prosecute. So yes, the defense will make their arguments. Yes, a judge will have to decide. But by the way, I also note another point. Why is it that when the defense filed this motion for habeas corpus, which will be heard on February 2nd, that they did not include a supporting declaration from Bruce Castor? Why was that omitted if they're so sure of what the testimony will be?

WHITFIELD: So if the judge does decide that that 2005 deposition is not admissible, can this criminal case move forward?

ALLRED: I think it can, Fredricka, because they could also call many of the accusers who would testify if they will to same or similar acts about -- against Mr. Cosby, as are alleged in this current pending criminal case against him in Montgomery County. And if those witnesses are permitted to testify, then I think that that can be actually very devastating for Mr. Cosby if in fact their testimony is believed.

Also, he spoke to the police at the time. So there is a police report of an interview with Mr. Cosby in which he admits being with Miss Constand on the night in question. Admits giving her some pills, although he testified or that is said to the police that it was Benadryl and so -- and that it was consensual. So I think there is still a strong case against Mr. Cosby, but of course, we don't know what the defense also will bring up, and that will be remain to be seen.

WHITFIELD: All right. We'll leave it right there. Thank you so much, Gloria Allred. Appreciate it. Good seeing you.

ALLRED: Thank you.

WHITFIELD: All right, coming up, we'll have the latest developments on the five American prisoners freed from Iran. Wolf Blitzer joining us back at the top of the hour.

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